General Responsibilities. 2.1 The Contractor shall: (a) complete, handover to the Principal, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract; (b) comply with all proper instructions issued by the Principal in relation to the Contract or the Works; (c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and (d) if stipulated in Schedule 1 – Reference Schedule, on behalf of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent fees. 2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence. 2.3 The Contractor shall achieve Completion of the Works, by the Completion Date. 2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/). 2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4. 2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion). 2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal. 2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion. 2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 2 contracts
Samples: Minor Works Contract, Minor Works Contract
General Responsibilities. 2.1 The Contractor shall:
(a) completeat the Contractor’s own expense, handover to the Principalcomply with all applicable laws, codes, by-laws, and remedy defects regulations in force in British Columbia, applicable professional standards and industry codes and all applicable published WorkSafeBC policies in effect during the Works Term, and provide obtain all servicesnecessary licenses, labourpermits, materials, plant approvals and everything, whether of a temporary or permanent nature required by permissions to perform the ContractServices;
(b) comply with all proper instructions issued by immediately disclose to WorkSafeBC if it is or at any time becomes a non-resident of Canada for the Principal in relation to purpose of the Contract or the WorksIncome Tax Act;
(c) ensure its Personnel when delivering Services at a WorkSafeBC location and with respect to the Services performed under this Agreement, comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable WorkSafeBC internal policies with respect to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf conduct of the Principal obtain all necessary consents producer statements WorkSafeBC business and compliance certificates required by relevant authorities and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure workplace practices that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable are provided to the Works as more particularly detailed on Contractor either before or during the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the siteTerm, including but not limited to representatives the policies located on WorkSafeBC’s website at <xxxxx://xxx.xxxxxxxxxx.xxx/en/about-us/bid- opportunities/purchasing-policies-terms>;
(d) remove any Personnel from the performance of the Principal Services who WorkSafeBC, in its sole discretion, deems to be incompetent, to have conducted themselves inappropriately or deems to be unsuitable and, if required, replace that person as soon as reasonably practicable;
(e) ensure the safety of persons providing the Services and all Injured Workers, and comply at all times with the WCA and Occupational Health and Safety Regulations made under it (or the applicable act and safety regulations if Services are performed outside of BC), and maintain a health and safety plan acceptable to WorkSafeBC and produce a copy of the plan to WorkSafeBC upon request;
(f) if an employer, be registered and in good standing with WorkSafeBC (or the entity with jurisdiction over the Contractor equivalent to WorkSafeBC if Services are performed outside of BC) throughout the Term, and if not an incorporated entity, obtain Personal Optional Protection coverage from WorkSafeBC, if available, that is fully paid and in effect throughout the Term;
(g) comply with WorkSafeBC policies with respect to reporting threats by Injured Workers and others, whether perceived or actually made against WorkSafeBC, its employees, Contractor Personnel or other third partiesindividuals. Threats include, but are not limited to physical threats and suicide threats. If the Contractor becomes aware that the Injured Worker is at risk of imminent harm to self or others, the Contractor shall contact local policing authorities and the Board Officer with conduct of the Injured Worker’s claim without delay. This requirement does not relieve the Contractor or its Personnel of any professional obligations and duties to report that they may otherwise hold; and
(h) provide the Services free from any real or perceived conflict of interest, including but not limited to a conflict of interest arising from personal relationships or business relationships. Without limiting the generality of the foregoing, the Contractor specifically acknowledges and agrees that it is a conflict of interest to advocate for or on behalf of an Injured Worker with respect to a matter related to the Injured Worker’s claim or to be the Injured Worker’s authorized representative. The Contractor shall immediately advise WorkSafeBC in writing of any real or perceived conflict of interest.
Appears in 2 contracts
Samples: Physiotherapy Services Agreement, Physiotherapy Services Agreement
General Responsibilities. 2.1 The Contractor Company shall, at Company’s expense, furnish, undertake, provide or cause to be furnished, undertaken or provided the following:
(a) complete, handover make available to Contractor and its Subcontractors by the Principaltime specified in the Schedule, and remedy defects continuing until the end of the Warranty Period, the Site, including space for all construction facilities, laydown and storage areas, and roads and other means of access to and from the Site in a timely manner and in accordance with Contractor’s reasonable requirements regarding amount, weight and dimensions of equipment to be transported and the Works size and provide all services, labour, materials, plant layout of the laydown and everything, whether of a temporary or permanent nature required by the Contractstorage areas;
(b) comply obtain and maintain in effect all Company Permits from the Governmental Authorities in a timely manner as required to permit Contractor and its Subcontractors to proceed with all proper instructions issued by the Principal Work in relation to accordance with the Contract or the WorksSchedule;
(c) comply prepare and/or obtain all environmental impact assessments, studies and statements and geotechnical reports required in connection with all applicable statutesthe ownership, regulationsfinancing, codes construction, operation and maintenance of practicethe Facility and the performance of this Contract;
(d) furnish to Contractor copies of any environmental impact assessment, bylaws studies and statements and geotechnical reports prepared or obtained as provided in Section 3.1(c) and any information, a power of governmentattorney (if required) and any other items reasonably necessary for Contractor to obtain the Contractor Permits or perform the Work in a timely manner as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(e) arrange for electricity, local water and other public authorities that may utilities to be applicable available to Contractor at then current market terms for the same for use in the construction, start-up, testing and commissioning of the Facility, in a timely manner as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(f) provide a reasonably sufficient number of operating personnel, including their supervisors, for training by Contractor as provided in Section 2.2(i), and for participating in the start-up, testing, commissioning, maintenance and upkeep of the Facility through to Final Completion. Each person designated for training by Company shall be a qualified technician and said trainees shall not be deemed employees or Subcontractors of Contractor;
(g) provide the geothermal heat resource in the quantity and quality detailed in the Design Conditions, and in the time frame as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(h) provide or make arrangements for the tie-in point to the Workselectricity grid (or any other defined electricity consumer) to be ready in a timely manner in accordance with the Schedule;
(i) provide to Contractor a rubbish and construction debris (but not for Contractor Hazardous Materials) storage area on or adjacent to the Site. Disposal of such Contractor materials stored therein shall be the responsibility of the Contractor, pursuant to Section 2.2 (g).
(j) any removal or disposal of the existing transite pipe on the Site exposed during the Work; and
(dk) if stipulated remediate and dispose of in Schedule 1 – Reference Schedule, accordance with applicable Law any Hazardous Materials that are found or are uncovered on behalf or about the Site other than Contractor Hazardous Materials that are the responsibility of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesContractor as provided in Section 2.2(h) .
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 2 contracts
Samples: Engineering, Procurement and Construction Contract (Us Geothermal Inc), Engineering, Procurement and Construction Contract (Us Geothermal Inc)
General Responsibilities. 2.1 The Contractor shall:
Except as otherwise set forth in this Section 4.2, the JSC shall perform the following general functions, subject to the final decision-making authority of the Person set forth in Section 4.2.5: (a) completereview and monitor progress of the Collaboration and the Parties’ activities under each executed Development & Commercialization Agreement (as further set forth in Section 4.2.4 and each such Development & Commercialization Agreement), handover to including serving as a forum for exchanging information and facilitating discussions regarding the Principal, and remedy defects in conduct of the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract;
Collaboration; (b) comply with all proper instructions issued by on a Program-by-Program basis, create, review and amend the Principal in relation to the Contract or the Works;
applicable IDP; (c) comply with all review and comment on the Pre-LO Targets, Collaboration Targets, Collaboration Candidates pursued by Jounce under this Agreement or the applicable statutesDevelopment & Commercialization Agreement, regulations, codes Development Candidates and discuss the inclusion of practice, bylaws of government, local and other public authorities that may be applicable to any Proposed Targets in the WorksCollaboration; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf manage the strategic direction of the Principal obtain all necessary consents producer statements Collaboration; (e) oversee implementation of the Collaboration in accordance with this Agreement; (f) discuss and attempt to resolve any disputes in the JSC, any New Committees and any Subcommittees; (g) approve proposals for Development of Diagnostic Products with respect to a Program prior to exercise by Celgene of its Option for such Program; (h) discuss material issues and provide input to each Party regarding the enforcement and defense of Jounce Patents, Celgene Patents, applicable Collaboration IP and Joint Collaboration IP; and (i) such other responsibilities as may be mutually agreed by the Parties from time to time. For purposes of clarity, the JSC shall not have any authority beyond the specific matters set forth in Sections 4.2.3 and 4.2.4, and in particular shall not have any power to amend, modify, interpret or waive the terms of this Agreement or any Development & Commercialization Agreement, or to alter, increase, expand or waive compliance certificates required by relevant authorities a Party with a Party’s obligations under this Agreement or any Development & Commercialization Agreement. In any CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. case where a matter within the JSC’s authority arises, the JSC shall convene a meeting and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date or consider such matter as soon as reasonably practicable thereafterpracticable, and shall then proceed with but in no event later than [***] after the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable matter is first brought to the Works as more particularly detailed on JSC’s attention (or, if earlier, at the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/next regularly scheduled JSC meeting).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 2 contracts
Samples: Master Research and Collaboration Agreement (Jounce Therapeutics, Inc.), Master Research and Collaboration Agreement (Jounce Therapeutics, Inc.)
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work by January 15, 2008 and, subject to adjustment to the PrincipalContract Time, as provided for in the Contract Documents, complete the Phases by the applicable Phased Occupancy Dates, achieve Completion of the Phase 1 Work by the Scheduled Phase 1 Completion Date, the Substantial Completion of the Work by the Scheduled Substantial Completion Date, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required Final Completion by the ContractScheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of and which will enable Owner and the Owner Parties to comply with Applicable Law;
(ix) subject to the other provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the ongoing operation of the Existing Facility;
(x) [Intentionally Deleted];
(xi) in accordance with all other terms of this Project Agreement and the other Contract Documents; and
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for Owner’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 2 contracts
Samples: Project Agreement, Project Agreement
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work by March 1, 2009 and, subject to adjustment to the PrincipalContract Time, as provided for in the Contract Documents, complete the Phases by the applicable Phased Occupancy Dates, the Substantial Completion of the Work by the Scheduled Substantial Completion Date, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required Final Completion by the ContractScheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of and which will enable Owner and the Owner Parties to comply with Applicable Law;
(ix) subject to the other provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the ongoing operation of the Existing Facility;
(x) [Intentionally Deleted]; and
(xi) in accordance with all other terms of this Project Agreement and the other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for Owner’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor Servicer, with respect to all Lease Agreements, Contributed Engines and any other Collateral, as an independent contractor acting solely as an agent for the Issuer, shall:
(ai) completemanage, handover to service, administer, collect and enforce the Principalrights of the Issuer or each Owner Trust, and remedy defects in as the Works and provide all servicescase may be, labourunder the Lease Agreements, materialsthe Contributed Engines, plant and everythingExcess Assets, whether of a temporary or permanent nature any insurance policies required by the Contract;Lease Agreements and each Supplement to be maintained or otherwise maintained with respect to the Contributed Engines and Excess Assets (the “Insurance Policies”),
(bii) enforce the Indenture Trustee’s security interest in the Lease Agreements, the Contributed Engines, the Excess Assets and any other Collateral,
(iii) hold, sell and re-lease the Contributed Engines upon the expiration or other termination of the related Lease Agreement,
(iv) hold, sell and the re-lease the Excess Assets,
(v) maintain (or cause to be maintained) all Insurance Policies, in full force and effect,
(vi) maintain (or cause to be maintained) and re-condition the Contributed Engines and Excess Assets,
(vii) collect and post all payments made on account of Lease Agreements and respond to all inquiries of obligors under Lease Agreements (“Lessees”),
(viii) investigate delinquencies, account for collections and furnish monthly and annual statements to the Indenture Trustee with respect to distributions,
(ix) provide to the Noteholders appropriate federal income tax information,
(x) collect and remit any sales, use, property and other taxes due with respect to the Contributed Engines and Excess Assets to the appropriate taxing authorities,
(xi) take all commercially reasonable efforts to maintain the perfected security interest of the Indenture Trustee in the Lease Agreements, the Contributed Engines, the Excess Assets and the other items of Collateral,
(xii) subject to the limitations set forth in this Agreement, have full power and authority to carry out the obligations imposed upon it by this Agreement in any manner that it may deem necessary or desirable, including the delegation of such responsibilities to a subservicer chosen with due care; provided, however, that no such delegation shall relieve the Servicer of liability hereunder,
(xiii) at all times act in accordance with the provisions of each Lease Agreement, and observe and comply with all proper instructions issued requirements of law applicable to it,
(xiv) at all times hold itself out to the public and to the parties with whom it deals as acting as an agent of the Issuer,
(xv) except as permitted by the Principal terms of any Lease Agreement, not take any action which would result in relation the interference with the Lessee’s right to quiet enjoyment of the Contributed Engines subject to the Contract or Lease Agreement during the Works;
(c) comply with all applicable statutesterm thereof, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(dxvi) if stipulated maintain its customary practices regarding internal credit rating and underwriting standards. Without limiting the generality of the foregoing, the Servicer, as agent for the Issuer, shall, and is hereby irrevocably authorized and empowered by the Issuer (subject to the standard of care set forth in Schedule 1 – Reference ScheduleSection 3.02 and to the representations and covenants set forth in Section 5.12) to, execute and deliver on behalf of the Principal obtain Issuer all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date instruments of satisfaction or as soon as reasonably practicable thereaftercancellation, or of partial or full release or discharge, and shall then proceed all other comparable instruments, with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable respect to the Works Lease Agreements and the other Collateral as more particularly detailed on shall be permitted under the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-terms of this Agreement and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states , in addition, to evidence that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out any item is not included in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4Collateral.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
General Responsibilities. 2.1 The Contractor shall:
(a) complete, handover to the Principal, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract;
(b) comply with all proper instructions issued by the Principal in relation to the Contract or the Works;
(c) comply with all applicable statutes, regulationssecondary legislation, codes of practiceinstruments, and bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Minor Works Contract
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work by August 20, 2008 and, subject to adjustment to the PrincipalContract Time, as provided for in the Contract Documents, achieve Completion of the Phase 1 Work by the Scheduled Phase 1 Completion Date, the Substantial Completion of the Work by the Scheduled Substantial Completion Date, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required Final Completion by the ContractScheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of and which will enable Owner and the Owner Parties to comply with Applicable Law;
(ix) subject to the other provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the ongoing operation of the Existing Facility;
(x) [Intentionally Deleted]; and
(xi) in accordance with all other terms of this Project Agreement and the other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for Owner’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work by December 6, 2010 and, subject to adjustment to the PrincipalContract Time, and remedy defects as provided for in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required Contract Documents: (A) complete the Phases by the Contractapplicable Phased Occupancy Dates; (B) achieve Completion of the Interim Work by the Scheduled Interim Completion Date; (C) achieve Substantial Completion of the Work by the Scheduled Substantial Completion Date; and (D) achieve Final Completion by the Scheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of and which will enable Owner and the Owner Parties to comply with Applicable Law;
(ix) subject to the other provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the ongoing operation of the Existing Facility;
(x) [Intentionally Deleted]; and
(xi) in accordance with all other terms of this Project Agreement and the other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for Owner‟s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work by July 14, 2008 and, subject to adjustment to the PrincipalContract Time, as provided for in the Contract Documents, complete the Phases by the applicable Phased Occupancy Dates, the Substantial Completion of the Work by the Scheduled Substantial Completion Date, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required Final Completion by the ContractScheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of and which will enable Owner and the Owner Parties to comply with Applicable Law;
(ix) subject to the other provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the ongoing operation of the Existing Facility;
(x) [Intentionally Deleted]; and
(xi) in accordance with all other terms of this Project Agreement and the other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for Owner’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,
(A) achieve Substantial Completion by the Scheduled Substantial Completion Date; and
(B) achieve Final Completion by the Scheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on health facilities and other public buildings that are comparable to the PrincipalFacility;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner that will not impair the ability of and that will enable the CHH and the CHH Parties to comply with Applicable Law;
(ix) in a manner that does not permit any use of any part of the Site that could constitute a nuisance in, at or on the Site, and remedy defects that does not allow any waste, damage or disfiguration to the Site; and
(x) in accordance with all other terms of this Project Agreement and the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract;other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for CHH’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor shallOwner shall furnish the following with respect to the Project:
(a) completeprovide a Facility Site of sufficient size, handover free of Hazardous Wastes or Materials, including necessary easements, staging areas, and unrestricted access;
b) provide environmental remediation of the Facility Site, if required, except for any environmental remediation required due to the Principalacts or omission of Contractor or any Subcontractor;
c) furnish available geological and other Facility Site data, including identification of any preexisting underground facilities, on which Contractor shall be entitled to rely, which shall be set forth in Exhibit E;
d) Site Utilities / Consumables including Fuel:
i) Construction Utilities / Consumables - Owner will provide adequate water for the Project in accordance with required specifications including related coordination with the applicable utilities. Construction power (including start-up, testing and commissioning) and related coordination with the local utilities is by Owner.
ii) Start-up, Testing and Commissioning Utilities / Consumables - Owner will provide all fuel, reagents, consumables, lubricants (except first fill of lubricants by Contractor), chemicals, electrical power including back-feed, water, sanitary and firewater at required specifications, through start-up, testing and through to Final Completion.
e) Owner will provide start-up and operational spare parts in time to support start-up, testing and commissioning of the Project. Contractor shall be allowed to utilize these spares as needed pursuant to Section 1.6 above;
f) Owner will provide all necessary permits, licenses and other Governmental Approvals excluding those listed as Contractor’s responsibility pursuant to Exhibit H. Any development, start-up, operation, building, use, and remedy defects environmental type Governmental Approvals not listed on Exhibit H shall be supplied by Owner;
g) Owner will coordinate and pay for any activities of the Owner Engineer, if any, and other required costs for development purposes;
h) Owner will coordinate and pay for all utility and interconnection related system studies and interface requirements and will provide available service utility and other interface data on which Contractor shall be entitled to rely and which shall be set forth in Exhibit E;
i) All interconnects, backfeed power, natural gas, water, construction power, chemicals, Owner- furnished Governmental Approvals, Owner-furnished spare parts, technical assistants, operators and other Owner obligations shall be supplied by Owner in quantities and qualities as required, no later than dates indicated on the Project Schedule;
j) Owner will furnish any required demineralized water production mobile treatment system per the Project Schedule to support the start-up and commissioning activities of the Project;
k) Owner will provide any shop equipment, tools, office furniture, and laboratory facilities necessary for operation of the Project;
l) Owner will arrange for disposal or sale of energy generated by the Project during commissioning and any Performance Test;
m) Owner will provide other items as specifically detailed in Exhibit D as Owner’s obligations, or as otherwise specified in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract;
(b) comply with all proper instructions issued by the Principal in relation to the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(dn) if stipulated in Schedule 1 – Reference Schedule, on behalf All OFE and Owner specified equipment of the Principal obtain all necessary consents producer statements standard production configuration and compliance certificates required by relevant authorities and pay all required consent feesproven technology.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Contract for Engineering, Procurement and Construction Services (Idacorp Inc)
General Responsibilities. 2.1 The Contractor Servicer, with respect to all Lease Agreements, Contributed Engines and any other Collateral, as an independent contractor acting solely as an agent for the Issuer, shall:
(ai) completemanage, handover to service, administer, collect and enforce the Principalrights of the Issuer or each Owner Trust, as the case may be, under the Lease Agreements, the Contributed Engines and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature any insurance policies required by the Contract;Lease Agreements to be maintained or otherwise maintained with respect to the Contributed Engines (the “Insurance Policies”),
(bii) enforce the Indenture Trustee’s security interest in the Lease Agreements, the Contributed Engines or any other Collateral,
(iii) hold, sell and re-lease the Contributed Engines upon the expiration or other termination of the related Lease Agreement,
(iv) hold, sell and the re-lease the Contributed Engines transferred to the Issuer not subject to Lease Agreements,
(v) maintain (or cause to be maintained) all Insurance Policies, in full force and effect,
(vi) maintain (or cause to be maintained) and re-condition the Contributed Engines,
(vii) collect and post all payments made on account of Lease Agreements and respond to all inquiries of obligors under Lease Agreements (“Lessees”),
(viii) investigate delinquencies, account for collections and furnish monthly and annual statements to the Indenture Trustee with respect to distributions,
(ix) provide to the Noteholders appropriate federal income tax information,
(x) collect and remit any sales, use, property and other taxes due with respect to the Contributed Engines to the appropriate taxing authorities,
(xi) take all commercially reasonable efforts to maintain the perfected security interest of the Indenture Trustee in the Lease Agreements, the Contributed Engines and the other items of Collateral,
(xii) subject to the limitations set forth in this Agreement, have full power and authority to carry out the obligations imposed upon it by this Agreement in any manner that it may deem necessary or desirable, including the delegation of such responsibilities to a subservicer chosen with due care; provided, however, that no such delegation shall relieve the Servicer of liability hereunder,
(xiii) at all times act in accordance with the provisions of each Lease Agreement, and observe and comply with all proper instructions issued requirements of law applicable to it,
(xiv) at all times hold itself out to the public and to the parties with whom it deals as acting as an agent of the Issuer,
(xv) except as permitted by the Principal terms of any Lease Agreement, not take any action which would result in relation the interference with the Lessee’s right to quiet enjoyment of the Contributed Engines subject to the Contract or Lease Agreement during the Works;
(c) comply with all applicable statutesterm thereof, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(dxvi) if stipulated maintain its customary practices regarding internal credit rating and underwriting standards. Without limiting the generality of the foregoing, the Servicer, as agent for the Issuer, shall, and is hereby irrevocably authorized and empowered by the Issuer (subject to the standard of care set forth in Schedule 1 – Reference ScheduleSection 3.02 and to the representations and covenants set forth in Section 5.12) to, execute and deliver on behalf of the Principal obtain Issuer all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date instruments of satisfaction or as soon as reasonably practicable thereaftercancellation, or of partial or full release or discharge, and shall then proceed all other comparable instruments, with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable respect to the Works Lease Agreements and the other Collateral as more particularly detailed on shall be permitted under the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-terms of this Agreement and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states , in addition, to evidence that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out any item is not included in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4Collateral.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
General Responsibilities. 2.1 The Contractor Company shall, at Company's expense, furnish, undertake, provide or cause to be furnished, undertaken or provided the following:
(a) complete, handover make available to Contractor and its Subcontractors within fifteen (15) Days of the PrincipalEffective Date, and remedy defects continuing until the end of the Warranty Period, the Site, including space for all construction facilities, laydown and storage areas, and roads and other means of access to and from the Site in a timely manner and in accordance with Contractor's reasonable requirements regarding amount, weight and dimensions of equipment to be transported and the Works size and provide all services, labour, materials, plant layout of the laydown and everything, whether of a temporary or permanent nature required by the Contractstorage areas;
(b) comply obtain and maintain in effect all Company Permits from the Governmental Authorities in a timely manner as required to permit Contractor and its Subcontractors to proceed with all proper instructions issued by the Principal Work in relation to accordance with the Contract or the WorksSchedule;
(c) comply prepare and/or obtain all environmental impact assessments, studies and statements required in connection with all applicable statutesthe ownership, regulationsfinancing, codes construction, operation and maintenance of practicethe Facility and the performance of this Contract;
(d) furnish to Contractor copies of any environmental impact assessment, bylaws studies and statements prepared or obtained as provided in Section 3.1(c) above and any information, a power of governmentattorney (if required) and any other items reasonably necessary for Contractor to obtain the Contractor Permits in a timely manner as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(e) arrange for electricity, local water and other public authorities that may utilities to be applicable available to Contractor at then current market terms for the same for use in the construction, start-up, testing and commissioning of the Facility, in a timely manner as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(f) provide a reasonably sufficient number of operating personnel, including their supervisors, for training by Contractor as provided in Section 2.2(h), and for participating in the start-up, testing, commissioning, maintenance and upkeep of the Facility through to Final Acceptance. Each person designated for training by Company shall be a qualified technician and said trainees shall not be deemed employees or Subcontractors of Contractor;
(g) provide the geothermal heat resource in the quantity and quality detailed in Exhibits A and C, and in the time frame as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(h) provide or make arrangements for the tie-in point to the Workselectricity grid (or any other defined electricity consumer) to be ready in a timely manner in accordance with the Schedule (Exhibit F); and
(di) if stipulated in Schedule 1 – Reference Schedule, provide to Contractor a rubbish and construction debris disposal area on behalf of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable adjacent to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/)Site.
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Binding Letter of Intent for Bridge Financing and Epc Agreement (Us Geothermal Inc)
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement,
(A) complete the Phases by the applicable Phased Occupancy Dates;
(B) achieve Interim Completion by the Scheduled Interim Completion Date;
(C) achieve Substantial Completion by the Scheduled Substantial Completion Date; and
(D) achieve Final Completion by the Scheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on health facilities and other public buildings that are comparable to the PrincipalFacility;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner that will not impair the ability of and that will enable CMH and the CMH Parties to comply with Applicable Law;
(ix) in a manner that does not permit any use of any part of the Site that could constitute a nuisance in, at or on the Site, and remedy defects that does not allow any waste, damage or disfiguration to the Site;
(x) subject to the provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the Works on-going operation of the Existing Facility; and
(xi) in accordance with all other terms of this Project Agreement and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract;other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for CMH’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor Company shall, at Company's expense, furnish, undertake, provide or cause to be furnished, undertaken or provided the following:
(a) complete, handover make available to Contractor and its Subcontractors within fifteen (15) Days of the Principaldate of the Notice to Proceed, and remedy defects continuing until the end of the Warranty Period, the Site, including space for all construction facilities, laydown and storage areas, and roads and other means of access to and from the Site in a timely manner and in accordance with Contractor's reasonable requirements regarding amount, weight and dimensions of equipment to be transported and the Works size and provide all services, labour, materials, plant layout of the laydown and everything, whether of a temporary or permanent nature required by the Contractstorage areas;
(b) comply obtain and maintain in effect all Company Permits from the Governmental Authorities in a timely manner as required to permit Contractor and its Subcontractors to proceed with all proper instructions issued by the Principal Work in relation accordance with the Schedule, and to the Contract or the Worksexecute any documentation required with respect to Contractor Permits;
(c) comply execute any documentation required with all applicable statutesrespect to Contractor's acquisition of environmental impact assessments, regulationsstudies and statements required (if any) in connection with the ownership, codes financing, construction, operation and maintenance of practicethe Facility and the performance of this Contract;
(d) furnish to Contractor within 30 days of execution of this Contract copies of any environmental impact assessment, bylaws studies and statements prepared or obtained in connection with the ownership, financing, construction, operation and maintenance of governmentthe Facility and provide commercially reasonable assistance, local including a power of attorney (if required) as reasonably necessary for Contractor to obtain the Contractor Permits in a timely manner as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(e) arrange for electricity (for office use), water and other public authorities that may utilities to be applicable available to Contractor at then current market terms for the same for use in the construction, start-up, testing and commissioning of the Facility, in a timely manner as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(f) provide a reasonably sufficient number of operating personnel, including their supervisors, for training by Contractor as provided in Section 2.2(h), and for participating in the start-up, testing, commissioning, maintenance and upkeep of the Facility through to Final Acceptance. Each person designated for training by Company shall be a qualified technician and said trainees shall not be deemed employees or Subcontractors of Contractor;
(g) provide the geothermal heat resource in the quantity and quality detailed in Exhibits A and C, and in the time frame as required to permit Contractor and its Subcontractors to proceed with the Work in accordance with the Schedule;
(h) enable Contractor to provide or make arrangements for the tie-in point to the Workselectricity grid (or any other defined electricity consumer) to be ready in a timely manner in accordance with the Schedules (Exhibits A and F);
(i) maintain the geothermal piping gathering system of the Steamboat Project fully available to Contractor for Contractor's performance of the Work, including changes to such system;
(j) arrange and permit Contractor access and use of the fire protection system and pentane storage system of the Steamboat 1 portion of the Steamboat Project;
(k) provide to Contractor a rubbish and construction debris disposal area on or adjacent to the Site;
(l) be responsible for and dispose of any hazardous materials, whether presently existing or not, found at or introduced to the Site, other than those hazardous materials introduced to the Site by Contractor or any Subcontractor, with respect to which Contractor shall be responsible for and dispose of; and
(dm) if stipulated in Schedule 1 – Reference Schedule, on behalf all activities described under Company's scope of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution work under section 3 of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.Exhibit A.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Contract (Brady Power Partners)
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work by June 1, 2009 and, subject to adjustment to the PrincipalContract Time, as provided for in the Contract Documents, complete the Phases by the applicable Phased Occupancy Dates, the Substantial Completion of the Work by the Scheduled Substantial Completion Date, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required Final Completion by the ContractScheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of and which will enable Owner and the Owner Parties to comply with Applicable Law;
(ix) subject to the other provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the ongoing operation of the Existing Facility;
(x) [Intentionally Deleted]; and
(xi) in accordance with all other terms of this Project Agreement and the other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for Owner’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work no later than the day following Financial Close and, subject to adjustment as provided for in the Project Agreement: (a) achieve Substantial Completion of the Work by the Scheduled Substantial Completion Date; and (b) achieve Final Completion by the Scheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice and to meet the standards followed by professionals, manufacturers, contractors and trades who are experienced in work on high performance athletic and acquatics facilities that are comparable to the PrincipalFacilities;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of and remedy defects which will enable HMQ, City, UofT, Markham, TO2015 and the HMQ Parties to comply with Applicable Law;
(ix) subject to the other provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the Works ongoing operation of the Existing Facility; and
(x) in accordance with all other terms of this Project Agreement and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract;other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for HMQ’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor shall:Standards and Contract Time
(a) completeProject Co shall perform and complete the Work:
(i) so as to satisfy and in strict accordance with the Contract Documents;
(ii) in accordance with the Construction Schedule and in this regard, handover shall commence the Work on the date of Financial Close and, subject to adjustment to the PrincipalContract Time, as provided for in the Contract Documents, complete the Phases by the applicable Phased Occupancy Dates, the Substantial Completion of the Work by the Scheduled Substantial Completion Date, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required Final Completion by the ContractScheduled Final Completion Date;
(iii) in compliance with Applicable Law, including giving all required notices;
(iv) in compliance with all Permits, Licences and Approvals and so as to preserve the existence and continued effectiveness of any such Permits, Licences and Approvals;
(v) in accordance with Good Industry Practice;
(vi) in a timely and professional manner;
(vii) with due regard to the health and safety of persons and property;
(viii) subject to the other provisions of this Project Agreement, in a manner which will not impair the ability of and which will enable Owner and the Owner Parties to comply with Applicable Law;
(ix) subject to the other provisions of this Project Agreement and to the extent reasonably practicable, in a manner which will not impair the ongoing operation of the Existing Facility;
(x) [Intentionally Deleted]; and
(xi) in accordance with all other terms of this Project Agreement and the other Contract Documents.
(b) comply Project Co shall furnish necessary certificates as evidence that the Work installed conforms with Applicable Law, including all proper instructions issued by certificates necessary for the Principal in relation Consultant to certify as required to obtain a permit for Owner’s occupancy or partial occupancy. These certificates are to be final certificates giving complete clearance for the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf portions of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent feesWork for which they are obtained.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Project Agreement
General Responsibilities. 2.1 The Contractor shall:
(a) complete, handover to the Principal, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract;
(b) Firm will: comply with all proper instructions issued by FCA requirements; in particular the Principal Firm warrants that it and all its registered individuals will maintain all necessary regulatory licences and permissions required to advise its clients in relation to all applicable financial products and all other activities and responsibilities contemplated by this Agreement. The Firm will advise us in writing as soon as possible of any change in its regulatory licences or permissions or those of its registered individuals, or if the Contract Firm becomes insolvent or dissolves; supply Xafinity with a copy of the Works;
(c) certificates issued to the firm registered individual confirming the function they are certified to perform; be responsible for agreeing commission payments with product providers in whose products the SIPP invests, and for disclosing the amounts to its clients. The Firm is responsible for arranging for payment directly from the applicable investment manager or provider; keep all Xafinity User ID and Passwords held by the Firm’s employees or agents secure and inform us immediately if it believes they have been compromised and tell us if any individuals registered with us leave the Firm; consult us in writing in advance to find out if proposed investments are allowed in its client’s SIPP or other applicable product; advise us in writing as soon as possible if the Firm ceases to act for any client; oversee all transfers from other providers, including in specie transfers into the Xafinity SIPP or other applicable product; act only as authorised in respect of clients’ investments in the Xafinity SIPP or other applicable products; procure that all of its employees, contractors or agents shall comply with all applicable statutes, regulations, codes the terms of practice, bylaws of government, local this Agreement and other public authorities that may the Firm will be applicable to responsible for their actions; hold any information received from us in confidence and not disclose it without the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf prior written agreement of the Principal obtain owner; and comply with ‘Data Protection Law’ (see ‘Data Protection’ below) and warrant that it has all necessary consents producer statements to process Personal Data (as defined by Data Protection Law) pursuant to this Agreement. The Firm will not: collect any payment or contribution (except by passing us cheques or title to assets being transferred to a Xafinity product); issue receipts for payments to Xafinity products; allow any assets or cash to be removed from any Xafinity products without our prior written consent. Other issues covered by this Agreement We shall have no obligation or liability to pay any commissions or fees whatsoever to the Firm or any employee or agent of the Firm arising from this Agreement. The obligation and compliance certificates required liability to pay remuneration shall remain that of the Firm’s clients. Our only obligation in this respect is to process the payment of remuneration to the Firm in accordance with the Firm’s instructions and those of its clients. Xafinity will not make any payments unless this Agreement has been completed. Valuations upon which remuneration will be based use information provided by third parties for which we take no responsibility. We provide a range of remuneration options from which the Firm and its clients can choose. For each client, please fill in the applicable sections of the Application Form to instruct us as to what remuneration options the Firm has agreed with each client. We reserve the right to place limits on remuneration (including any rebates) paid to advisers under this Agreement so as to ensure that any payments meet regulatory requirements relating to Unauthorised Payments. Payment will be made electronically to the Firm’s bank account within ten working days of the relevant authorities month end. The Firm must ensure that its clients keep enough cash in their Xafinity SIPP or other applicable product to meet our administrative charges and the Firm’s remuneration payments (and, in the case of direct commercial property investment, any other relevant payments). Where this is not the case, payment of the Firm’s remuneration will be delayed until there are sufficient funds available in the Xafinity SIPP bank account. Payments will continue: whilst the Firm remains the servicing agent for the applicable client; or until we receive written instruction from the applicable client to cease or alter the payment of any remuneration to the Firm; or whilst the Firm continues to be authorised by the FCA (or successor body) or a Designated Professional Body. The Firm accepts that the written instruction of its client shall be binding and take precedence to the Firm’s instructions in this respect. One-off remuneration payments will only be allowed if we in our discretion consider the amount to be reasonable. We will act in accordance with the Firm’s instructions as provided in the applicable section of the Application Form as to whether an amount for VAT should be added to the remuneration that the client instructs us to pay all required consent fees.
2.2 The Contractor to the Firm. It shall commence Works be the Firm's sole responsibility to: decide whether VAT is payable on any remuneration payable to it; and issue to the client the appropriate invoice related to such remuneration payable and any applicable VAT. Intermediary remuneration and commissions outside this Agreement are paid to the Firm on the Commencement Date understanding that no rebates will be passed to its client or as soon as reasonably practicable thereafter, and shall then proceed with the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works to any party connected to its client (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty i.e. in the form at Appendix 4.
2.6 Completion is when of a cash payment or other benefit). If they are, the Principal certifies that Firm will be liable for the Works are complete, including consequences of any such payment. These consequences may include compromising the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession tax status of the site and must co-operate with any client’s SIPP or other persons who come on to applicable product. Rebates of commission or other remuneration directly back into the site, including but not limited to representatives product for the benefit of the Principal and other third partiesclient, are permitted.
Appears in 1 contract
Samples: Intermediary Agreement
General Responsibilities. 2.1 The Contractor shall(a) Subject to the control that the Company or Operators must maintain under applicable law or under this Agreement, the Manager shall provide reasonably sufficient and qualified management personnel, with the applicable personnel holding any licensure required by law, to:
(ai) completeManage, handover and direct the hospital operations at the Facilities;
(ii) Manage the selection, retention, supervision and discharge of, the Facilities’ chief executive officer(s), chief financial officer(s), department heads and all operating and service employees performing services in and about the Facilities provided that such persons may be employees of the Manager, Company or the Operators, as applicable and for employees of Company or the Operators the decision to hire or fire such individual shall ultimately lie with the entity employing such individual.
(iii) manage and oversee the Facilities’ human resources department(s); provide guidance for personnel policies and guidelines for adoption by the applicable entity; and negotiate, on the Company’s behalf and at the Company’s expense, with any labor union lawfully entitled to represent the employees at the Facilities, but any collective bargaining agreement or labor contract resulting therefrom must first be approved by the relevant Operator, who shall be the only person(s) authorized to execute the same;
(iv) Subject to the Principalobligations of the Company and Operators set forth in Section 4.6, procure and supervise for the Company and the Operators the appropriate types, categories and amounts of insurance to cover the real and personal property of the Facilities, and remedy defects to supervise the actions of the staff in securing certificates of such insurance, each as may from time to time be required pursuant to any leases, loan agreements or similar agreements with any lessors or lenders of the Works Company or the Operators relating to the Facilities (and provide subject to any other terms and conditions thereof) or otherwise; provided, however, that the payment to any insurance provider shall be and remain the sole responsibility of the Company or the Operators, and Manager shall have no responsibility whatsoever for such payment;
(v) direct the food service operation at the Facilities;
(vi) supervise the purchasing of all servicesfood supplies, labourpharmaceutical supplies, medical supplies, materials, plant and everythingequipment incidental to the operation of the Facilities provided, whether however, the payment to for these items shall be and remain the sole responsibility of a temporary the Company or permanent nature required by the ContractOperators, and Manager shall have no responsibility whatsoever for such payment;
(bvii) comply assist and supervise the Company’s, the Operators’ and the Facilities’ compliance with all proper instructions issued appropriate governmental requirements or regulations and with all the Company’s, Operators’ and Facilities’ licenses and certifications and assist with the implementation of corporate compliance plan(s) for adoption by the Principal in relation to Operators and/or the Contract or the WorksFacilities;
(cviii) comply Subject to the provisions of Section 4.4, support and manage the Company’s, Operators’, and Facilities’ information systems for the following areas: Accounts Payable, Contract Management, Payroll, Benefits, Financial Reporting, Marketing, Medical Records, Coding and Billing, and General Xxxxxx;
(ix) supervise the Facilities’ marketing department(s) or staff(s) and use commercially reasonable efforts to cause compliance by such Facilities’ marketing departments with all applicable statutesfederal and state healthcare laws and regulations;
(x) Supervise quality assurance and performance improvement processes and assist the Company and the Operators with implementation of such systems at the Facilities, regulationsincluding risk management, codes patient/family satisfaction, licensing and accreditation, and program evaluation;
(xi) Subject to the legal authority of practicethe governing body, manage the relationships of the Facilities with any partner, joint venturer, co-owner or similar party of any healthcare facility and to make all decisions and take all necessary or appropriate actions on behalf of the Facility according to the terms of any partnership agreement, joint venture agreement, limited liability company agreement, bylaws or any similar agreements or governing documents with respect to any such partnership, joint venture, limited liability company or similar entity of governmentany kind, local it being understood that Manager shall have the exclusive authority with respect to the affiliated subsidiary entities of the Operators;
(xii) Subject to the legal authority of the governing body, handle, on a timely basis, any negotiations, and other public authorities discussions for the purpose of attempting to cure any defaults that may be applicable exist with respect to the WorksCompany’s or an Operator’s contractual or regulatory obligations (provided that the Manager shall have no obligation to cure any monetary default except with funds from the relevant Facility or Operator); and
(dxiii) if stipulated in Schedule 1 – Reference ScheduleSubject to the Facilities’ capital budgets and governing body approvals, supervise the maintenance and the undertaking of all alterations and repairs at each Facility, and to prepare and submit to the Company, on behalf an annual basis no fewer than thirty (30) days prior to the end of the Principal obtain all necessary consents producer statements and compliance certificates required by relevant authorities and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafteryear, a list of, and a budget relating to, capital items to be acquired for, or altered or repaired at the Facilities. Such budget shall then proceed with include an allocation for capital purchases, alterations and repairs to be undertaken by Manager, in its discretion, and which allocation may be modified by Manager, in its sole discretion, including by substitution, for such year so long as the execution of the Works with due diligence.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements aggregate budget for such item does not result in a Material Deviation (as amended from time defined herein); provided, however, that such amount may be increased to time) applicable meet emergency needs if Manager determines such needs are commercially reasonable and provides prior written notice to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness WarrantyCompany. Further, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0event capital purchases, September 2020) as amended from time alterations or repairs become necessary in order to time (refer preserve or procure necessary licenses and permits to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to operate the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are completeFacilities, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.the
Appears in 1 contract
Samples: Master Restructuring Agreement
General Responsibilities. 2.1 The Contractor Integra shall be responsible for obtaining all regulatory approvals for the Products and Product Improvements. Unless otherwise agreed by Integra and JJM, all product registrations and applications for approval shall be filed in Integra's name and Integra shall own all rights under such approvals and registrations. Except as otherwise provided in Section 15.2 and 15.3 below, any regulatory costs associated with such filings shall be borne by Integra. Prior to any submission to any regulatory authority or strategic discussions with the FDA, Integra shall consult with, and provide a final draft copy of the proposed regulatory submission to JJM, which shall:
, within twenty (a20) completedays of receipt of the draft, handover provide any written comments to Integra. Integra shall consider in good faith and consult with JJM regarding any such comments, but Integra shall have final decision making authority with respect to all such regulatory filings. Integra shall, to the Principalextent permitted by the FDA, permit JJM to participate in FDA meetings and phone calls surrounding regulatory approvals. Integra shall make appropriate arrangements to permit JJM representatives to participate in all meetings between Integra and the FDA or comparable foreign regulatory authority relating to the Regulatory Approvals for the Products or Product Improvements. In all such meetings, Integra shall defer to JJM and permit JJM to take the lead in making presentations relating to the [**] Wound Trials or any [**] Wound trials and in seeking regulatory guidance or concurrence with the procedures to be followed or the scope of approvals to be sought. Integra and JJM shall jointly approve any material compromises and changes from the initial submission documents, decisions not to file a PMA supplement, and remedy defects in the Works and provide all services, labour, materials, plant and everything, whether of a temporary or permanent nature required by the Contract;
(b) comply with all proper instructions issued by the Principal in relation to the Contract or the Works;
(c) comply with all applicable statutes, regulations, codes of practice, bylaws of government, local and other public authorities that may be applicable to the Works; and
(d) if stipulated in Schedule 1 – Reference Schedule, on behalf content of the Principal obtain PMA annual report. Upon the expiration or termination of this Agreement, or at such earlier time as Integra shall request in its sole discretion, JJM shall promptly transfer to Integra or Integra's designee any and all necessary consents producer statements ownership rights in product registrations, ---------------------- [**] Confidential Information omitted and compliance certificates required by relevant authorities and pay all required consent fees.
2.2 The Contractor shall commence Works on the Commencement Date or as soon as reasonably practicable thereafter, and shall then proceed filed separately with the execution of Securities and Exchange Commission. -50- applications for approval and Regulatory Approvals which the Works with due diligenceparties had agreed to file in JJM's name.
2.3 The Contractor shall achieve Completion of the Works, by the Completion Date.
2.4 The Contractor shall ensure that the Works (insofar as they include any design responsibility on the part of the Contractor) comply with the Ministry’s property design standards and legal requirements (as amended from time to time) applicable to the Works as more particularly detailed on the Ministry’s website (refer to: xxxxx://xxx.xxxxxxxxx.xxxx.xx/school/property-and- transport/projects-and-design/design/design-standards/).
2.5 Where Schedule 1 – Reference Schedule states that the Contractor must provide a Weathertightness Warranty, the Contractor shall ensure that the Works comply with the weathertightness requirements set out in the document titled “Weathertightness Design Requirements for New School Buildings” (Version 3.0, September 2020) as amended from time to time (refer to xxxxx://xxxxxxxxx.xxxx.xx/assets/Documents/Primary- Secondary/Property/Design/Weathertightness-Design- Requirements-25-September-2020.pdf and shall provide to the Principal prior to Completion a Weathertightness Warranty in the form at Appendix 4.
2.6 Completion is when the Principal certifies that the Works are complete, including the Contractor having provided all warranties, documents and information stated in the Contract as being required for Completion (Completion).
2.7 The Completion Date is subject to adjustment for any extensions of time which may be granted by the Principal.
2.8 The Contractor shall promptly remedy all defects in the Works identified by the Principal at Completion.
2.9 The Contractor is not entitled to exclusive possession of the site and must co-operate with any other persons who come on to the site, including but not limited to representatives of the Principal and other third parties.
Appears in 1 contract
Samples: Supply, Distribution and Collaboration Agreement (Integra Lifesciences Holdings Corp)